CHAPTER 13.20
CONTIGUOUS LAND PARCEL MERGERS
SECTION:
13.20.010: Authority For Enactment
13.20.020: Merger Of Contiguous Parcels
13.20.030: Application For Merger; Fee
13.20.050: Action By Planning Commission
13.20.060: Recording Notice Of Merger When Parcel Map Waived
13.20.010 AUTHORITY FOR ENACTMENT:
This chapter is enacted under the authority of California Government Code section 66499.20 3/4. (1972 Code § 16.13A.010)
13.20.020 MERGER OF CONTIGUOUS PARCELS:
Two (2) or more contiguous parcels of land which have been created under the provisions of the subdivision map act1 or local ordinance enacted pursuant thereto, or which were not subject to such provisions at the time of their creation, and which are in common ownership, may be merged without reversion to acreage pursuant to California Government Code section 66499.20 1/4 and without merger and resubdivision pursuant to California Government Code section 66499.20 1/2, in accordance with the provisions of this chapter. (1972 Code § 16.13A.020)
13.20.030 APPLICATION FOR MERGER; FEE:
A. Application: An application for merger under this chapter shall be filed with the city clerk and shall contain the following:
1. The name, address and telephone number of the applicant, and of any agent or representative authorized to act for the applicant;
2. A description of the parcels to be merged, including both legal description and assessor’s parcel numbers; (1972 Code § 16.13A.030)
3. A plat or map, drawn to scale, showing the location and boundaries of each parcel, the location and dimensions of buildings thereon, the location of roads and driveways thereon, and the location of all utility lines and improvements serving the same; and (1972 Code § 16.13A.030; amd. 2003 Code)
4. Such other information as the planning director or the city engineer may require.
B. Fee: Said application shall be accompanied by a filing fee in an amount fixed by resolution of the city council. (1972 Code § 16.13A.030)
13.20.040 PARCEL MAP; WAIVER:
Applications for merger under this chapter shall be accompanied by one reproducible tracing and fifteen (15) copies of a parcel map prepared in accordance with the requirements of chapter 13.16 of this title; provided, that an applicant may file a written request for waiver of this requirement pursuant to section 13.16.040 of this title. When a parcel map is received, it shall be forwarded to the city engineer/city surveyor for review. If the engineer/surveyor finds it to be technically correct and in recordable form, he shall endorse a statement on it attesting to his examination and approval of the map and shall forward it to the planning commission. (1972 Code § 16.13A.040; amd. 2003 Code)
13.20.050 ACTION BY PLANNING COMMISSION:
Upon receipt of an application for merger under this chapter, the planning commission shall take one of the following actions:
A. Approve the parcel map and the proposed merger, with or without conditions;
B. Approve a request for waiver of a parcel map upon making the findings required by section 13.16.040 of this title, and approve the proposed merger, with or without conditions, subject to recordation of the notice provided for in section 13.20.060 of this chapter;
C. Deny a request for waiver of a parcel map and require that such map be prepared and filed before further action is taken on the application; or
D. Deny the application. (1972 Code § 16.13A.050)
13.20.060 RECORDING NOTICE OF MERGER WHEN PARCEL MAP WAIVED:
If the filing of a parcel map is waived pursuant to section 13.20.040 of this chapter, merger of contiguous parcels under this chapter, when approved by the planning commission, shall be evidenced by the execution of a "Notice Of Merger Of Contiguous Lots Under Common Ownership"2 approved as to form and content by the city attorney, which shall be signed by the property owner and the city clerk and then recorded in the office of the county recorder. (1972 Code § 16.13A.060)
13.20.070 APPEAL:
A. Filing Letter Of Appeal; Fees:
1. Any decision of the planning commission under this chapter may be appealed to the city council by filing a letter of appeal with the city clerk within fifteen (15) days of the planning commission’s action.
2. An appeal shall be accompanied by any fees required, as set from time to time by resolution of the city council.
B. Date For Hearing; Notice:
1. Upon receipt of a letter of appeal, the planning director shall prepare a report on the matter and set a date for a public hearing by the city council, which shall be held within forty (40) days after the date of receipt of the letter of appeal.
2. Notice of the hearing shall be given by publishing in a newspaper of general circulation in the city at least five (5) days prior to such hearing. Additionally, notice of the hearing shall be posted in at least three (3) public places at least five (5) days prior to the hearing within three hundred feet (300’) along streets upon which the subject property abuts, and mailed at least ten (10) days prior to the date of the hearing to the applicant, to owners of record of real property within three hundred feet (300’) of the exterior boundaries of the subject property as shown in the last equalized assessment roll, and to the occupants of said real property, if any other than the owner.
3. Notice should contain the name and address of the appellant, the address or location of the subject property, the time and place of the hearing, a brief description of the action for which approval is being sought and a statement that any interested person may appear at the hearing and be heard.
4. No proceeding in connection with the hearing shall be invalidated by failure to post public notices, to send such notices where the address of the owner is not a matter of public record, or by the failure of any of the aforesaid individuals to receive any notice.
C. Council Action: The city council may affirm, affirm in part or reverse the action, decision or determination which is the basis of the appeal, based upon findings of fact regarding the particular case. (1972 Code § 16.13A.070)
Gov.C. § 66410 et seq.